C.F.R. » Title 25 » CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › SUBCHAPTER G—FINANCIAL ACTIVITIES › PART 115—TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS › Subpart G—Tribal Accounts

25 C.F.R. § 115.809

May a tribe recommend to OTFM how to invest the tribe's trust funds?

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Tribes may recommend certain investments to OTFM, but the recommendations must be in accordance with the statutory requirements set forth in 25 U.S.C. §§ 161a and 162a. The OTFM will make the final investment decision based on prudent investment practices.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2019–2022 · leading case: W. Shoshone Identifiable Grp. v. United States (Fed. Cl. 2019).
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W. Shoshone Identifiable Grp. v. United States (Fed. Cl. 2019). · cites it 3× “” 25 C.F.R. § 115.809 (2018). Thus, pursuant to the Department of the Interior’s regulations, the ultimate decision on how to invest tribal trust funds resided with the government, not with the tribes.”
W. Shoshone Identifiable Grp. v. United States (Fed. Cl. 2022). · cites it 2× “For example, 25 C.F.R. § 115.809 , promulgated in 2001 following the creation of the Office of the Special Trustee, the office within the Department of the Interior which took over the responsibility of investing tribal trust funds from the BIA in 1996, consistent with the…”
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